Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
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2. ---------------- son of -----, aged --, residing at ---------------------------------------------3. ---------------- son of -----, aged --, residing at
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undertaking other charitable activities for the benefit the public, for
the objects set out in this trust deed and for fulfillment of which, the
terms and conditions are more particularly set out hereunder.
AND WHEREAS THE TRUSTEES named are willing to accept the
office of the Trustees for the purpose of carrying out the wishes of the
SETTLOR of the Trust under the provisions and directions set forth
herein, so as to enable to pursue its vowed objects.
7) The TRUSTEES do hereby agree that they shall hold and stand
possessed of the said trust assets, properties and funds (which
expression shall include all investments in cash or kind or in
any nature whatsoever into and for which, the said property or
a part or parts thereof may from time to time be converted,
varied or exchanged) and/ or such investments as may be held
by the TRUSTEES from time to time in relation to these
presents together with all income, profits, additions and
accretions thereof, upon trust for the object set out herein with
and subject to the provisions and conditions hereinafter
contained in these presents.
I. OBJECTIVS
The proposed objects of the Trust are:
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III. PROPERTIES:
The Trust properties shall consist of
1. The amount Transferred by the SETTLOR as mentioned above,
towards the Corpus fund of the Trust.
2. Any cash, kind, properties, movable and immovable that may be
acquired by purchase or otherwise or all manner of rights, title or
interest in or over any property movable or immovable
3. All additions and accretions to the Trust properties and the income
there from
4. All donations, gifts, legacies or grants, in cash or kind accepted by
the Trustees upon Trust.
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The properties of the Trust shall be utilized for the objects set forth
herein above and subject to the provisions and conditions herein
mentioned.
IV. NUMBER OF TRUSTEES, THEIR TERM AND POWER TO COOPT:
(a) The Trust will be managed by a Board of Trustees consisting of
not less than 2 trustees and not more than Nine (9) members. The
parties of the Second Part will be First Trustees and they shall
automatically form the Board of Trustees.
(b) The first Managing Trustee shall be the SETTLOR and he will
hold office as mentioned in Clause V (B) (i). After the demise or
relinquishment of office of the Managing Trustee or in the event of
the first Managing Trustee failing to nominate his successor in
office, the remaining trustees shall elect one of the other Trustees
as Managing Trustee. (If the fixation of term is not allowed then the
underlined lines has to be retained treating the Settlor as M.
Trustee for life time)
(c) The term of office of First Trustees shall be for Three (3) years.
The Board of Trustees shall have the power to increase the total
number of Trustees up to maximum number of Nine.
(d) Any Trustee, including the Managing Trustee may retire from the
Trusteeship hereof by giving two calendar months notice in writing
of his or her intention to do so, to the Board of Trustees and after
the expiry of the period of notice, the Trustee giving the notice shall
ipso facto cease to be a Trustee of these presents.
(e) Any vacancy caused by death of any one of the First Trustees, or
any vacancy caused by the resignation of any of the Trustees, may
be filled up by co-option by the Board of Trustees.
(f) The Trustees who are not First Managing Trustee or First Trustees
shall hold office for a period of one year from their date of
appointment by the Trustees. At the end of this one year period,
the Board of Trustees may reappoint them for subsequent term.
(g) The Managing Trustee shall have the power to remove a Trustee
suffering from physical or mental disability or if he is accused of
misfeasance of trust funds or property or misconduct, after
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the
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the
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2. The income and the properties of the Trust will be solely utilized
towards the objects of the Trust and no portion of it will be utilized
for payment to the Settler, or Trustees or their relatives by way of
salary, allowances, profit, interest, dividend etc.
3. To open one or more bank accounts and operate the same or
provide for operation of the said accounts by any two among them
authorized on their behalf.
4. To invest the Trust funds in the manner not prohibited by any
provisions of the Income Tax Act, 1961.
5. To buy, sell, mortgage, grant, lease, hire or otherwise alienate all or
any of the properties of the Trust in its discretion for adequate
consideration, so however any sale or alienation of immovable
properties of the trust can be done only after obtaining the prior
approval of the concerned Govt.officer
6. To execute power of attorney or powers of attorney to any person
for the purpose of executing, administering or managing the whole
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or any part of the Trust for the purpose of all or some among the
objects of the Trust.
7. To borrow money with or without security and to repay the same.
8. To receive, collect and enforce recovery of all money due or payable
to the Trust and grant receipts and discharges therefore.
9. To settle, compromise or compound any disputes or refer the same
to arbitration or litigation.
10. To receive voluntary contributions from any person or persons
from India or outside, after complying with the statutory
formalities, by way of donation, gifts or in any other manner and to
hold the same upon Trust for the objects set forth herein.
11. To appoint, suspend, dismiss or otherwise deal with the staff
required for the administration of the Trust, to frame rules relating
to their salaries and other benefits and generally to exercise all
powers ancillary and incidental to effectively carry out the objects
of the Trust.
12. The Board shall have power to make and reframe rules and
regulations for the management and administration of the Trust.
13. No Trustee shall commit any act or breach of Trust of the Trust
fund or property or cause any loss to the Trust property or commit
fraud in the administration of the Trust fund / property.
14. The Trustees shall hold honorary office and shall not be entitled
to any Salary, allowances or perquisites, except for the
reimbursement of actual expenses incurred in connection with
attending to the Trust matters.
15. The Board of Trustees will follow the instructions given by any
donor who makes substantial contribution towards furtherance of
the objects of the Trust, so long as such instructions are not
detrimental to the attainment of the objects of the Trust and are in
conformity with the provisions of the Income-tax Act, 1961.
16.
For the management and administration of the Trust, the
Trustees shall elect one amongst themselves for each of the offices
of Vice President, Secretary, Joint Secretary and Treasurer. The
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i.
MANAGING TRUSTEE:
In addition to discharging normal duties of a trustee, the Managing
Trustee shall preside over meeting of the Board of Trustees. The
Managing Trustee is authorized to sign all documents, including bank
documents, acknowledgements for the contributions received, and
agreements with individuals, Government Institutions and other
organizations, on behalf of the Board of Trustees. The Managing
Trustee shall have all the residuary powers, not explicitly assigned to
any of the other officers in these presents.
The Managing Trustee is authorized to sign along with the Treasurer
bank cheques, deposit release vouchers etc. The Managing Trustee is
empowered to remove any Trustee from the Trust and its offices, if
he/she finds that his/her activities are not congenial to the activities
of the Trust.
The Managing Trustee is responsible for ensuring that the Trust
pursues its Objects and for maintaining the dignity of the Trust
organization and shall use his/her influence to promote the activities
of the Trust.
The Managing Trustee shall hold his office for a period of Five (5) years
and his candidature can be considered for reelection and/or tenure
can be extended for another period of five years (2/3 majority). In no
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case the term of the Managing Trustee shall be extended beyond the
10 years period or two terms consisting of 5 years.
ii.
VICE PRESIDENT:
The Vice President shall discharge the duties of the Managing Trustee,
in the absence of the Managing Trustee of the Trust and shall have
the power and authority delegated and assigned to him/her by the
Managing Trustee.
The Vice President shall hold the his office for a period of Three (3)
years and the same may be extended for further period of another
Three years. However, to re-appoint as Vice-President for the third
term, there shall be minimum lapse of one term between second and
third term.
iii.
SECRETARY:
The Secretary shall maintain the records of the organization prepare
and circulate agenda and minutes of Board of Trustee meeting for the
approval of the Managing Trustee.
The Secretary shall be also responsible for the day to day
administration activities of the Trust. The Secretary shall deal with
correspondence received by the Trust, send replies in consultation
with the Managing Trustee, Vice President and/or the Treasurer
where necessary. He/she is responsible for the safe custody of all the
properties and records of the Trust. The Secretary shall represent the
Trust in all legal matters, sign the papers related to legal cases, attend
to courts or represent the Trust in Government offices.
Term, Renewal, re-appointment: Same as the Vice-President
d) Joint Secretary:
The Joint secretary would assist Secretary in his work.
Term, Renewal, re-appointment: Same as the Vice-President
e)
TREASURER:
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iv.
Other Trustees:
The Trustees other than the Managing Trustee, Vice-President,
Secretory, Joint Secretory and Treasure shall hold the term Same as
the Vice-President including the Renewal, re-appointment.
VI.
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(c) All decisions shall be carried out by the majority decision (i.e.2/3)
of the Board but in the event of equality of votes, the Chairman
presiding over the meeting shall have a casting vote.
(d) Any resolution in writing signed by all the Trustees by circulation
shall have equal force as though it has been passed at a meeting of
the Board of Trustees.
(e) The meeting of the Board shall be conveyed after giving at least a
weeks notice unless all the Trustees agree to accept a shorter
notice.
(f) The Board of Trustees may invite other persons interested in the
objects and functioning of the Trust to attend the meetings of the
Board, but they shall not be entitled vote in the meetings of the
Board.
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(a) The financial year of the Trust shall be from 1st April to 31st March
of the following year, unless otherwise decided by the Board of
Trustees.
(b) The Board of Trustees shall maintain true and correct accounts of
the Trust.
(c) The accounts of the Trust shall be annually audited by a Chartered
Accountant appointed by the Board of Trustees and the audited
statement of account shall be placed before the Board for its
approval within three months of the close of the financial year.
X. AMENDMENTS:
a) While this Trust shall be irrevocable, the Board of Trustees may
amend any of the clauses including those relating to objects of the
Trust, the First Managing Trustee and First Trustees, at a duly
convened meeting of the Board with at least 2 weeks notice, and by
a resolution passed by at least three-fourths (3/4) majority of the
Board of Trustees present and voting. The amendments to the
Trust deed, can only be passed by a resolution of the Board of
Trustees in an actual meeting and not by circulation.
b) If any alteration or amendment is necessary, the same shall be
affected through supplementary deed/deeds with the previous
approval of the concerned Govt. Officer and these shall be read
together with the main Trust deed.
XI. INDEMNITY:
The Board of Trustees shall be indemnified for any act done by them
in good faith in the course of the administration of the Trust.
XIV. DISSOLUTION:
In the event of dissolution of the Trust, the entire Trust funds
shall be realized and first be used for payment of liabilities of the
Trust. The assets left if any, shall be disbursed to other Trusts or
Associations having similar objectives after obtaining previous
approval of Commissioner of Income-tax and in no event it shall be
distributed in any manner, to any of the Board of Trustees or their
relatives or related concerns.
SCHEDULE
At present, the Trust has no property or assets, either movable
or immovable, other than the Trust Fund and the immovable
properties, donated by the SETTLOR, as described in the Schedule
below:
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3. Assets of
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SIGNATURE
Signature: -------------------Name:
Address:
OF
FIRST
1. Signature: -------------------Name:
Address:
2. Signature: -------------------Name:
Address:
3. Signature: -------------------Name:
Address:
Witnesses:
1) Signature: -------------------Name and address
4. Signature: -------------------Name:
Address:
2) Signature:
---------------------Name and address
5. Signature: ----------------Name:
Address:
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